National Republican., 1887-12-01
TALKING TO THE JURY.
Lawyers in the whitaker Case Ar
RuinE the Testimony.

guinG the Testimony.
The trial OF Grenvllle A. Whitaker in the
criminal court was resumed yesterday morn
ing at 10 o'clock, the usual crowd being in
attendance.
Before the opening argument was beguu
Mr.. Worthington offered in evidence the
stenographer's notes of the testimony OF
Marsh b. Clark, deceased.
This was ruled out, but the court per
mitted the reading OF the transcript OF
Clark's testimony. Judge Jere Wilson
then asked that the prosecution be required
to elect as to which count they relied on
for O conviction, and that the court pass ou
some of the legal questions involved, t.
which the court replied that he did not at
that time care to pass formally on some OF
the questions, as he was in doubt as to
some OF them, but he thought 1t would be
perhaps serviceable II the prosecution
would In advance indicate to the jury the
particular counts upon which conviction
was asked, but that he did not think he
should direct the actual election of tn,
counts. "My present idea," said the court
the jury in the end that 1t will not
be legally possible for them to
convict the defendant on the third and
fourth counts OF any one indictment; tina
they may convict on the third, or they may
convict on the fourth, but they canuot CON
Wet on both. think that the counts ar,
both framed under section 5i3S, and thal
the four counts do ailirmatlvely charge that
the claim was false, and II he delivered tho
goods to the government and went for hi
pay, and even accepted another voucher
that contained q statement of goods fur
nishtd, which had not actually been fur
nrshed, think the jury should be in
structtd-provlded the goods were substau.
tally the same in value-that the defendap
should be, acquitted, hut that II he bar
gained, sold, aud delivered other goods
knowing aud with the understanding that h.
was to be paid for something wholly lydifferent
| at the time he made the bargain or delivered
| the goods, that there was not anything t.
| pay them With, and that he was to receive
avoucher for something wholly different.
| 1t should be regarded as false claim II
the defendant presented, or caused to bc
| presented, to DR.. Wales an account for
something not furnished, and thereby pro
cured his certificate, then, although other
goods were actually furnished, think the
certificate must be regarded as false
claim within the statute. III the identical
goods were not furnished and the Jury
should come to consider the question OF
whether other goods were furnished, the
burden OF establishing that fact is upon the
|
Mr. Chandler. We would like charged In
addition that this must have been done
with intent to defraud the United States
and that the Jury must so find.
The court. | shall certainly say that
will possibly explain what that means, bu'
that instruction will be given.
The Jury were then brought into court
when Mr.. Coyle began the opening argu
meDt, In which he reviewed the testimony
explained his theory as to how DR.. WAles'I
certificate was obtained to the foldeC
vouchers, and claimed that had Whitaker
records, letter copy books, and files been ii
his favor he would have been quick to pro
duce them, and that his failure to do 81
must have its effect on the jury. Mr.
Coyle announcing that he was fatigued
and that no doubt the jury were also, tn
court was adjourned to 10 O'Clock to-day
when Mr.. Wilson will reply for the de
fense.